Md. Code Regs. 14.03.05.12

Current through Register Vol. 51, No. 21, October 18, 2024

Section 14.03.05.12 - Request for Contested Case Hearing

A. Who May Request. A request to submit a matter to an administrative hearing as a contested case hearing under this chapter may be made by a:

(1) Respondent upon a Commission determination of probable cause for one or more of the allegations stated in the complaint against the respondent, and the failure of timely conciliation; or

(2) Complainant if the Commission determines that one or more allegations contained in the complaint were knowingly false or frivolous when made.

B. Manner of Request.

(1) A party shall request a contested case hearing by filing a written notice with the Commission within 15 calendar days of notice of the initial findings and recommendations.

(2) The notice shall contain the following information:

(a) A demand that the matter be referred to the Office of Administrative Hearings for a contested case hearing in accordance with State Government Article, § 10-205(c)(2), Annotated Code of Maryland;

(b) The names, addresses, and telephone numbers of the Commission, the business entity's representatives, and any other parties;

(c) A reference to State Finance and Procurement Article, §§ 19-101 -19-120, Annotated Code of Maryland; and

(d) A summary of the Commission's findings and recommendations that are being submitted for resolution to the administrative law judge for the contested case hearing.

(3) The requesting party shall immediately serve notice of the request for a contested case hearing upon all other parties.

C. Failure to Properly Request Hearing.

(1) If a respondent fails to properly request a contested case hearing:

(a) The initial findings and recommendations of the Commission shall become the final administrative decision of the State; and

(b) The Commission shall then be authorized to enter any order and to take any action reasonably necessary or convenient to:

(i) Implement remedies under State Finance and Procurement Article, § 19-110, Annotated Code of Maryland;

(ii) Impose sanctions under State Finance and Procurement Article, § 19-111, Annotated Code of Maryland; and

(iii) Govern the conduct of the parties in the manner described under State Finance and Procurement Article, § 19-112, Annotated Code of Maryland, so that the purposes of the commercial nondiscrimination policy are achieved.

(2) If a complainant fails to properly request a contested case hearing regarding a determination that a claim is false or frivolous, the initial findings and recommendations of the Commission shall become the final administrative decision of the State.

D. When a Request for Contested Case Hearing Is Not Made.

(1) If a timely contested case hearing is not requested, the Commission may vacate the Commission staff's recommended remedy on written notice to all parties within 5 business days after the time for requesting a contested case hearing has expired.

(2) In the absence of such notice as described in §D(1) of this regulation, the Commission is considered to have approved the Commission staff's recommended remedy.

Md. Code Regs. 14.03.05.12